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City Council Minutes - 10/28/2008 11, City of Tigard Tigard Business Meeting -- Minutes TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: October 28, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 Mayor Dirksen called the meeting to order at 6:30 p.m. Name Present Absent Mayor Dirksen ✓ Councilor Buchner ✓ Council President Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Staff Present: City Manager Prosser,Assistant City Manager Newton, Community Development Director Coffee, Public Works Director Koellermeier,Assistant Community Development Director Bunch, City Attorney Ramis, Project Planner Roberts, City Attorney Ramis, City Recorder Wheatley • STUDY SESSION Track 1 ■ Discuss Instituting a Citizens Transportation Advisory Committee—Community Development Department Assistant Community Development Director Bunch advised that Mayor Dirksen asked staff to present information about instituting a Citizens Transportation Advisory Committee. Interest in this type of Committee arose from issues affecting Tigard and the entire region. There has been a lot of effort relating to transportation in the City of Tigard; i.e., empowering several ad hoc committees along with dealing with transportation issues administratively. These ad hoc committees are formed on a regular basis,which led to the question, "Would a standing committee provide a dependable go-to source for advice and citizen engagement?" However, a concern was expressed that this new advisory body might result in added expense and tap resources. Alternatively, there might not be enough activity to keep this Committee busy. Staff reviewed five other Portland-area jurisdictions that use this type of advisory board or committee. A summary of the findings is contained in the staff report. The jurisdictions reviewed were Beaverton, Lake Oswego, Hillsboro, Oregon City, and Gresham. Assistant Community Development Director Bunch said the fundamental question before the City is: Is it necessary to involve citizens on the issues surrounding transportation? Many of the items on the agendas for these committees in other jurisdictions come to staff administratively and then often the item is presented to the City Council for a TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of22 decision. Is it important to receive citizen recommendations on some of these transportation matters prior to the Council deliberation? Assistant Community Development Director Bunch said from staff's perspective, there is another issue: Do we want to keep forming ad hoc transportation groups one after another and each time letting expertise go? Each new committee means going through a process to form the committee. In the near future, there will be many transportation issues coming before the City Council: o Tigard 99W Improvement and Management Plan o High Capacity Transit/Light Rail o Metro Transportation Improvement Plan o Transportation System Plan o Implementation of the Neighborhood Pathways Plan Council might also decide for this group to take up other matters; for example, bicycle and pedestrian safety or the downtown circulation plan. Assistant Community Development Director Bunch advised staff has not made a recommendation. He asked for the City Council to provide staff with direction on this matter. Councilor Buchner commented she had brought this issue to the forefront based upon the fact that she did not like the process of forming and disbanding the Transportation Financing Task Force. More than half of the people who served on the Committee signed up to serve again. Councilor Buchner confirmed for Council President Sherwood that the scope of work for this committee would change. Councilor Wilson said he felt the Transportation Financing Task Force's scope was too limited; however,he has mixed feelings about a permanent committee. The Planning Commission is tasked with many of the transportation issues and it is good to have one group overseeing land use and transportation because these should be reviewed together. In addition, a committee in some ways distances the City Council from these matters and transportation is so important-- he does not want to be distanced from it. Councilor Buchner pointed out there has always been one City Councilor serving as a voting member on the Task Force so there was immediate contact with the City Council. Councilor Woodruff said one of the goals of a permanent committee is to have the involvement of citizens so more people have opportunities to develop their interests and skills and possibly move into a City Council role. He said he did not see any downside to forming this as a permanent committee. Council President Sherwood commented that transportation is a "hot button" for many and it will be imperative that the community is involved because solutions are not going to be easy—resolution will mean receiving a lot of input, funding, and creativity. "The more people we get involved, the better." Councilor Woodruff said he did not think this committee would take the City Council "out of the loop" as the Council will be involved whenever there are decisions to be made and major issues to review. Mayor Dirksen noted he shared some concerns similar to Councilor Wilson's. He was concerned that citizens might view this as creating a buffer between them and the City Council. He asked what level of responsibility should be given to this group. Should it be an advisory board or a commission,working at a level comparable to the Planning Commission? He added this might be a way to take some of the TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of22 burden off the Planning Commission by allowing them to focus specifically on land use planning. The two groups would need to work closely on certain issues. The Mayor said many of the assignments identified are one-time projects;i.e., the TSP update and the downtown circulation plan. There are other items that would be recurring; i.e., the Capital Improvement Program. Mayor Dirksen also pointed out that if it is determined later that this group is no longer needed,it could be disbanded. Planning Commissioner Vermilyea noted the Planning Commission would like, at least initially, the Transportation System Plan update to feed into the Comprehensive Plan process. He agreed that,if formed, this new group should work closely with the Planning Commission. Planning Commissioner Vermilyea recalled that about a year ago the Planning Commission came to the City Council to be relieved from some of the burdens of serving on other committees, particularly during the Comprehensive Plan update. Now, that the Comprehensive Plan update is nearly completed, the Planning Commission might be more receptive to serve on other groups such as this one. Mayor Dirksen said it appears that the majority of City Council is saying to move forward with establishing this transportation group. There remain questions with regard to the level of the group's function. Several opportunities exist; for example, this committee might report to the Planning Commission rather than the City Council. His vision is that the group would be at the same level as the Planning Commission, but this is open for further discussion and suggested that the City Council members give this some thought and invited future input from City staff as well with additional research. Assistant Community Development Director Bunch summarized the City Council direction from this evening. Staff will put together examples of roles,responsibilities, representative membership, organizations, and address the question of the relationship between the Transportation Commission and the Planning Commission. In addition, identify the ongoing responsibilities the Commission would have. City Manager Prosser commented that a clear"charge" needs to be articulated and staff can bring ideas for City Council consideration. Track 2 ■ Discuss Approach to Revising Intergovernmental Water Board JWB) Member Agreement—Public Works Department Councilor Buchner advised there have been discussions for years about cleaning up the ambiguities in the I"Intergovernmental Agreements. There is a separate agreement with each member of the IWB: Durham,King City,and Tigard Water District and they are not all the same;it has been suggested that there only be one agreement. The agreements will sunset in the year 2018 and there is fear about what might happen after that date. Determination of how exits can occur is necessary;the current agreements'language is ambiguous and difficult to interpret. Another issue is that Tigard currently provides water to an area within the Tualatin Valley Water District. Councilor Buchner advised a formal request should be initiated to transfer this portion to Tigard. This area is within the Tigard city limits. She suggested looking at establishing a logical boundary. Mayor Dirksen said he had an informal meeting with Tigard Water District Commissioner Henschel. Commissioner Henschel expressed concern about the sunset date in the existing agreement and what might occur if members did not choose to renew the agreement. Mayor Dirksen agreed that this should be evaluated well before the date of the sunset and to look at language,which would perpetuate the agreement. TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 of22 While we are reviewing the sunset date,it would be a good time to make other changes. Mayor Dirksen said he would like to see a single agreement with language dealing with Comprehensive Plan principles or, perhaps a decision made to deal with some matters in a different way. For example,make sure that the roles of the members are clearly defined in the new agreement. Councilor Buchner said part of the issue regarding service provision,is that the language phrases this in terms of a veto;that is,Tigard has veto power over certain decisions. The suggestion was that we change this from a veto to a process—make it more proactive. Mayor Dirksen said the agreement provides that if major policy changes are to be made,there must be consensus among all of the members. The language is subjective. Councilor Buchner noted there are issues with expansion of boundaries. Tigard has veto power if one of the other IWB members wants to expand. This is negative,reactive phraseology and could be rewritten in a proactive manner. In response to a question from Councilor Woodruff, Councilor Buchner advised that all the Intergovernmental Water Board members want amendments to the IWB Intergovernmental Agreements. Councilor Wilson noted that Areas 63 and 64 are an issue; development of these areas will depend on water. He said he was amenable to cleaning up some of the language. He cautioned that before major revisions are made,clarity is needed on what will happen with those areas. City Manager Prosser noted a discussion on the urbanization forum is scheduled for a November City Council meeting. Councilor Wilson said he is particularly concerned because we are obligated for$70 million in new improvements and the cost of water will increase--we need to make sure our citizens'interests are addressed. Councilor Buchner noted many things have been brought up with regard to the agreement and some of these would be considered controversial by more than one of our partners. At this time, she said she is looking at those things that will make this work more efficiently. Councilor Wilson said he was in favor of clarifying but not in favor of making major changes. Mayor Dirksen and Councilor Buchner advised major policy changes are not proposed;rather,the proposal is to address the sunset language and to clarify areas of ambiguity. Public Works Director Koellermeier said to keep in mind that this is a four-party agreement. It took two years to develop a two-party agreement with Lake Oswego. Councilor Buchner said that everyone has come to the table asking for changes. Councilor Woodruff asked about the boundaries issue;Councilor Buchner said this has not been discussed. Mayor Dirksen said he would not want to make this a priority project now since there are so many other things being addressed. This is something we should do in the near future and well before the sunset date. Councilor Buchner said this has already been postponed for discussion with the Intergovernmental Water Board because she had not had an opportunity to discuss this with the rest of the City Council. This is on the agenda for the next workshop and she feels obligated to participate. Mayor Dirksen said he has heard agreement to move forward. Councilor Woodruff said,in the short-term,if all four partners agree to clarify language then that is definitely supported by the City Council. Long-range issues will need to be dealt with at some point. City Council consensus was to move ahead with clarification language. TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of22 Track 3 ■ Discuss 3.5 b.: Award Contract for Construction Documents and Permitting Services for Lower Fanno Creek Park Senior Planner Nachbar advised this item was removed from the October 14 City Council agenda. This item deals with the Walker Macy contract to produce construction documents and obtain permits for Lower Fanno Creek Park. The reason it was removed from the October 14 agenda was because there was a question regarding funding eligibility. Some parks projects were reprioritized and funding has been established for the project. When this was last discussed by the City Council, a concern was raised about getting this in front of the public so they are aware of new construction. An article was written for the December Cityscape. Senior Planner Nachbar said now that the funding has been identified,he would coordinate with the Parks Board. In response to a question from Councilor Woodruff, Senior Planner Nachbar confirmed there were two other bids. One bid was disqualified and the other bidder was interviewed. He reviewed the background of the bidders. Walker Macy's bid was considerably lower than the others. Senior Planner Nachbar advised the contract award is for$260,000. The actual contract will be about $230,000 plus an amount for contingency. The product will be detailed construction drawings for about 25 acres that will eventually connect with the public plaza and Main Street. There will be four new bridges. Some bridges will be removed, several large boardwalks will be built, the trail will be realigned and constructed, and the park will be restored. The construction drawings for the stream meander will be done by Clean Water Services. This project will form a piece of the infrastructure to support the downtown along with the Burnham Street and Main Street projects. This sets up the environment for investment in the downtown. The project will be done in phases. Administrative Items: ✓ Update on business meeting agenda for tonight: ■ Citizen Communication: Tigard Area Chamber of Commerce Chief Executive Officer Chris Zoucha will be present to update the City Council on Chamber activities. ■ Council received a marked-up version of the proposed resolution regarding the Information Security Program for the City of Tigard. City Attorney staff advised that the deadline for an information security program was moved from November 1, 2008, to May 1, 2009; therefore, the November 1, 2008, date was removed from the last Wlhereas clause in the resolution. Staff would like to proceed with this initial policy. Attorney Ramis agreed we did not need to delay the proposed program since we can amend the resolution later if needed. ■ Item 3.5 c.will be removed from the Consent Agenda for separate consideration (Award Contract for Design Services on the Greenburg Road/Highway 99W /Main Streetlntersection Project—Phase City Council decided to cancel the Fifth Tuesday meeting scheduled for December 30. The November 11 and December 23 City Council meetings are cancelled. Mayor Dirksen advised the City was invited to take part in the Mayor's Action Challenge for Children and Families. To participate we would confirm that we would try to take action in the coming year in four areas. Mayor Dirksen said that he is supportive of this group's goals;however, given Oregon cities'role with social services, he was not sure the City of Tigard could promise to meet goals in the following areas: ✓ Opportunities to learn and grow; TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 5 of22 ✓ A safe neighborhood to call home; ✓ A healthy lifestyle and environment; and ✓ A financially fit family in which to thrive. Mayor Dirksen, said with the City Council's concurrence,he would respond that,reluctantly,he would not be participating. No Council member objected to the Mayor declining this invitation. o Mayor Dirksen said the City of Tigard has been invited to take part in the United Nations' Declaration of Human Rights. The 60`''Anniversary is December 10, 2008. With concurrence of the Council, the Mayor will issue a proclamation and receive a presentation at a City Council meeting from the Washington County Human Rights Commission. No Council member objected to participating as the Mayor described. • EXECUTIVE SESSION -The Tigard City Council went into Executive Session at 7:06 p.m. under ORS 192.660(2) (e) real property transactions negotiations and (h) for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. Executive Session recessed at 7:28 p.m. due to time constraints. Council resumed its Executive Session discussion at 9:35 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Review Board to order at 7:34:17 PM 1.2 Roll Call: Name Present Absent Mayor Dirksen ✓ Councilor Buchner ✓ Council President Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports Mayor Dirksen advised that at the end of the meeting Council would receive a 3"'Quarter Goal Update. During the summary of transportation issues,he will bring up issues that arose during the joint MPAC/JPACT meeting he attended. 1.5 Call to Council and Staff for Non-Agenda Items City Manager Prosser advised there were no non-agenda items. He announced there would be an Executive Session after the conclusion of the business meeting. 7:35:2.3 PM 2. CITIZEN COMMUNICATION • Chamber of Commerce Representative: Chris Zoucha—Tigard Area Chamber of Commerce CEO thanked the City Council for its support. Several City Council members were able to participate in the annual golf tournament,which was a great success. A new Chamber of Commerce office manager was TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6 of22 hired,Stephanie Woosley. Mr. Zoucha reviewed some of the upcoming Chamber of Commerce events: Halloween Trick or Treat on Main Street;PGE Power Breakfast on November 21, 7:30 a.m.; the Tree Lighting on December 6, 5-7:30 p.m. Mayor Dirksen referred to the Halloween event on Main Street hosted by downtown businesses. He urged people to visit and patronize downtown businesses. • Citizen Communication John Frewing, 7110 SW Lola Lane,Tigard, Oregon presented testimony on two items: 1. Mr. Frewing said that he watched a program recently where the Lake Oswego candidates for Mayor were participating in a debate. They were asked, "What one thing would they do to make Lake Oswego better?" From the discussion he said he heard an idea that Tigard ought to consider: Somewhere early in the land use development process,before an official City decision takes place, there ought to be some sort of mediation session so affected people can openly talk about differences and compromises before the formal hearing process,which starts causing expense on all sides. Mayor Dirksen said this would be worthwhile for staff to look into further. 7:43:39 PM 2. Mr. Frewing commented on the City Council's discussion last week regarding the street maintenance fee. He mentioned an e-mail he sent to the Council,but has not heard back. He said he wants to make sure the City Council does not forget about his concern about changing the methodology as well as changing the rate. Several years ago when the street maintenance fee was first established,a citizens committee recommended that the fee should be derived 60-70% from commercial and industrial and 30-40% from residential. The Oregon Grocers Association had a different suggestion,which reversed the cost responsibility and the City Council agreed to this and "took out" funds for sidewalk maintenance. Because gas prices have doubled since that time,Mr. Frewing said sidewalk maintenance should be included as a program supported by the street maintenance fee. He said the City Council ought to look at a change in the methodology for collecting that fee. Mr. Frewing also reported that at last week's meeting,the City Council was told about a split in revenue from commercial and industrial people vs.the residential people. This is half the story. He said the City Council needed to know what the split was on expenses. How much was allocated to commercial/industrial streets vs.residential streets. He said he hopes when staff returns to discuss this further,that these kinds of things will be considered up front. • Follow-up to Previous Citizen Communication: None 7:45:57 PM Mayor Dirksen reviewed the Consent Agenda. Item 3.5c.was removed for separate consideration and was discussed by the City Council after consideration of the Consent Agenda. TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7 of22 3. CONSENT AGENDA: 3.1 Approve City Council Minutes for August 26 and September 23,2008 3.2 Appoint Members for Urban Forestry Master Plan Citizen Advisory Committee—Resolution No. 08- 64 A RESOLUTION APPOINTING MEMBERS TO THE URBAN FORESTRY MASTER PLAN CITIZEN ADVISORY COMMITTEE 3.3 Approve Budget Amendment#09-06 to the FY 2008-09 Budget Granting$1,000 to the Tigard Chamber of Commerce for the Downtown Tree Lighting Celebration—Resolution No. 08-65 A RESOLUTION APPROVING BUDGET AMENDMENT#09-06 TO THE FY 2008-09 BUDGET GRANTING$1,000 TO THE TIGARD CHAMBER OF COMMERCE FOR THE DOWNTOWN TREE LIGHTING CELEBRATION 3.4 Implement an Information Security Program for the City of Tigard to Comply with Senate Bill 538, the Oregon Identity Theft Protection Act (OITPA),Fair and Accurate Credit Transactions (FACT) Act of 2003,and Federal Trade Commission Rules—Resolution No. 08-66 A RESOLUTION IMPLEMENTING AN INFORMATION SECURITY PROGRAM FOR THE CITY OF TIGARD TO COMPLY WITH SENATE BILL 538,THE OREGON IDENTITY THEFT PROTECTION ACT (OITPA) AND THE FAIR AND ACCURATE CREDIT TRANSACTIONS (FACT) ACT OF 2003,AND FEDERAL TRADE COMMISSION RULES 3.5 Local Contract Review Board (LCRB) 3.5.a—Award Contract for Construction of Senior Center Garden Room 3.5.b -Award Contract for Construction Documents and Permitting Services for Lower Fanno Creek Park 3.5.c—Removed for separate consideration; see below. 3.5.d- Amend Contract for Recruitment Services to Include Accounting Supervisor Position Motion by Councilor Wilson, seconded by Councilor Buchner,to approve the Consent Agenda,less Item 3.5c. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buchner Yes Council President Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Removed for separate consideration from the Consent Agenda: 3.5.c—Award Contract for Design Services on the Greenburg Road/Highway 99W/Maln Street Intersection Project-Phase 2 TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 8 of22 Mayor Dirksen announced this was removed from the Consent Agenda for discussion because the City Council members have questions on the contract amounts. City Engineer Duenas,Oregon Department of Transportation (01)01) District 2A Assistant Manager Sam Hunaidi and W&H Pacific representative Wayne Bauer were present to answer questions for this agenda item. City Engineer Duenas reported that when the City first started this project,it was envisioned to be accomplished in two phases. Phase 1 was to bring the project up to 50 percent design. The focus of the first phase was to look at the design components;i.e., how many lanes needed to be widened,what elements are to be added to the intersection and the approaches. Some items were deferred to Phase 2. The delayed items included the geotech investigations as well as the detailed design on the profile. Mr. Duenas explained that they did not want to spend very much money on the alignment until they determined how wide the lanes were going to be. Phase 1 turned out to be less extensive. City Engineer Duenas said issues have come up on the Hall and 99W project,which are similar to this project. On the Hall and 99W project, one of the requirements is that when an upgrade occurs,bus pullouts are typically required on a road such as this. Some of the other issues involve technical issues regarding the alignments coming up from the bridge and then coming back down from the 217 Interchange. These issues are under review to resolve. City Engineer Duenas said the City does not want to purchase any buildings it would not need and the bus pullout would have a big impact. Some suggestions have included relocating or eliminating the bus stop. There will be a bus pullout at the Hall Boulevard project and,perhaps,it could be combined with the required pullout for this project since it is only a block away. Staff would like to begin the Phase 2 project so both phases can be under one construction contract. Mayor Dirksen advised that he and Councilor Wilson requested this item to be removed from the Consent Agenda. Part of the concern was the amount of expense,about 18%,for the engineering work when compared to the total cost of the project. Typically engineering costs are somewhere between 6 and 10%. Is there something about this project in particular or about highway projects in general that would cause that percentage to higher. Councilor Wilson said he is aware that public works projects are more expensive and while it might be good to ask why that is,he said he does not think this project should be held up. Councilor Wilson noted the City made an exception with regard to the competitive process for this project to coincide with the Hall Boulevard project. He noted the progression from $50,000 to $200,000 and now$800,000 and he said he did not think this should go through without any examination. Councilor Wilson said he would like some assurance that we are not paying more than what we should be paying. He also commented that Phase 1 was $100,000 less than what was projected but then with Phase 2,the amount is $200,000 more than what is estimated. Councilor Wilson noted staff responded to a question he posed in an email communication advising there were some potential Oregon Department of Transportation (01)01 requirements that might be driving up the costs,including whether we would have to take a building. He said he decided it was time to review this. He added that the City is considering extending the gas tax for a couple of years to pay for a project that is getting more expensive. He suggested that we evaluate and get some buy-in from ODOT first as to whether the curvatures can be adjusted and can there be 11-foot lanes before we proceed. TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9 of22 City Engineer Duenas responded that staff was having discussions on how to ease the process. He proposed the easiest way might be to amend and extend the Hall/99W project. Access management is one area where a lot of work has been done. City Engineer Duenas said ODOT has pledged to work with the City of Tigard. City staff is working with TriMet and ODOT to resolve the issues regarding the bus pullout to determine if this could be rearranged. The intention is to avoid taking the building. Councilor Wilson questioned whether,as a matter of policy, some standards could be relaxed because the improvement is better than what exists. Mr. Hunaidi from ODOT said all options are under review to determine what can be done to accommodate the improvement. They need to consider the standard and they can deviate somewhat to address the City's concern. He said there might be some resolutions to meet ODOT's requirements at the same time meeting the objective of what the City is trying to do for that intersection. With regard to the access management,Mr. Hunaidi said ODOT could approve what was added as a result of the second phase. Mr. Hunaidi said the bus pullout issue can be worked out. The alignment issues,according to Mr. Hunaidi,are something that must be addressed from a technical point of view. Councilor Wilson said he was concerned about how much must be spent on design fees before it is known if we have reached the "deal killer." Mr. Hunaidi said the design must meet ODOT standards; however,Mr. Bauer would need to address the design fees. Mr. Bauer commented on his firm's history with working with the City of Tigard for the last three years. They have worked with Washington County for more than 20 years. He said they are not a firm that "goes to the well"to ask for changes in their contracts. They try to scope and budget the projects to meet the needs and the client (staff) controls their work as they move along. City Engineer Duenas is in charge,which is the reason why the previous contract was under estimate. Work that was not needed in the first phase was deferred to the second phase so they could make educated decisions based on the available funds. The Highway 99W improvements will receive lot of scrutiny from ODOT because it is their facility. W&H Pacific has allowed for a number of"back and forth"reviews with ODOT to refine the design and control the costs. Mr. Bauer said their job is not only to lead to a safe improvement,but also to lead to a cost-effective improvement for the City of Tigard. He said there should be no concern with W&H Pacific doing anything more than what City Engineer Duenas and Right-of-Way Administrator McCarthy will want them to do. The project allowed some cushion for additional work where needed;however,they hope to hold down those costs as well as the construction costs by working with Mr. Hunaidi and ODOT to come up with the best design for the intersection. 8:04:24 PM Mr. Bauer said that for the Hall/99W project,many of the technical issues/problems have been worked out;i.e., design exceptions and access management. This work has set the stage for this project to go substantially smoother. The City of Tigard will get the benefit of these past actions. 8:05:06 PM City Engineer Duenas reminded Council that W&H Pacific did go through a competitive selection process. In addition,this firm is working on the Hall/99W project. He explained the on-call consultant procedures and the process followed in this instance. 8:06:01 PM Councilor Woodruff noted his appreciation to Mr. Hunaidi and Mr. Bauer for coming to this meeting. He said the City Council is watching this project carefully. "We really stepped out on this in terms of passing the local gas tax for Tigard for the express purpose of making this change to have some effect TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 10 of22 on the traffic problem on 99,which always flows to the top of people's concerns about living in Tigard. We want this to be done as efficiently and cost a less amount of money and that there's a good partnership with ODOT in both that intersection and the one you are going to work on..." He said by watching it carefully,we are going to be in good shape and the citizens will be served once the work is done. 8:06:56 PM City Engineer Duenas advised there will be an open house in December to present information about both the Hall/99 project and the Greenburg Road project. An open house with selected invitees (immediate property owners)was held last week. Council will receive a briefing on November 18 about both projects. 8:07:50 PM Councilor Wilson said he would support approving the contract,but with two requests: 1. To the extent possible,move forward the negotiations with ODOT (at least on a conceptual level) to obtain agreement so we will know the expenses;i.e.,the taking of the building. This information should be reported to the City Council before the project is too far along. 2. Separate from this contract,look at engineering costs relative to construction costs. What is the experience throughout the County? Find out if we are comparable to this and private sector costs and,if needed, find out why it is different. 8:08:51 PM Mayor Dirksen agreed with Councilor Wilson,particularly with regard to his second request. He said it is not because we question anyone's veracity on this. As elected officials, he said they need to be in control of these costs and make sure they are making the correct decisions for the citizens. 8:09:21 PM Motion by Council President Sherwood, seconded by Councilor Woodruff,to approve Consent Agenda Item 3.5c.,Award Contract for Design Services on the Greenburg Road/Highway 99W/Main Street Intersection Project,Phase 2 The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buchner Yes Council President Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 8:09:52 PM 4. QUASI-JUDICIAL PUBLIC HEARING—ZCA 2008-00003/CACH ANNEXATION REQUEST: The applicant's requests approval to annex two (2) parcels totaling 1.43 acres to the City of Tigard. The proposed annexation does not include any development plans. The subject property is an island of unincorporated land surrounded by the City of Tigard,with land owned by the City on the west and south and private land on the north and east. LOCATION: 15170 SW Sunrise Lane;Washington County Tax Map 2S105DC,Tax Lots 00101 and 00300. TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 11 of22 COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre,except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes,detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet,and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390,City of Tigard Comprehensive Plan (updated version) Goal 1 and Goal 11 (Policy 4 and Policy 6), and City of Tigard Comprehensive Plan(non-updated version) Policy 10.1;Metro Code Chapter 3.09;and ORS Chapter 222. 8:10:15 PM a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis reviewed the rules of procedure for this public hearing. C. Declarations or Challenges were reviewed as follows: - Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? Councilor Buchner advised she was familiar with the site. - Have all members familiarized themselves with the application? All City Council members indicated they were familiar with the application. - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council?There were no challenges. 8:14:39 PM d. Staff Report: Associate Planner Pagenstecher presented the staff report. A copy is on file in the City Recorder's office. e. Public Testimony: None. £ Staff recommended approval of the annexation as set forth in the proposed ordinance. 8:16:34 PM g. Mayor Dirksen closed the public hearing. h. Council Discussion and Consideration: Ordinance No. 08-16 Motion by Councilor Buchner, seconded by Councilor Woodruff to adopt Ordinance No. 08-16. ORDINANCE NO. 08-16—AN ORDINANCE ANNEXING 1.43 ACRES OF LAND, INCLUDING TWO (2) PARCELS,APPROVING THE CACH ANNEXATION (`LCA 2008- 00003) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 12 of22 The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buchner Yes Council President Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 8:18:18 PM 5. INFORMATIONAL PUBLIC HEARING—FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 38 (FAIRHAVEN STREET) a. Mayor Dirksen opened the public hearing. b. Declarations or Challenges were reviewed as follows: - Have all members familiarized themselves with the proposed reimbursement district?All City Council members indicated they were familiar with the proposed reimbursement district. - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? There were no challenges. C. City Engineer Duenas presented the staff report outlining the final results of the project. A copy of the staff report and the PowerPoint presentation are on file in the City Recorder's office. Two property owners have already hooked up to the sewer as they needed the sewer connection for health/safety reasons. d. Public Testimony 8:26:09 PM ■ Judy Burman, 11225 SW Fairhaven Street,Tigard,OR 97223 asked about the permit to connect to the sewer. She said her understanding was that this project was completed prior to July and,if they were to secure the permit,it would cost them$2,835. When she talked to someone at City Hall, there was an issue with the contractor and the final amount;this issue was not settled until after July 1. The permit increased in the meantime by$300. She said she did not think they should be penalized and they should only have to pay$2,835. City Engineer Duenas responded that the contractor had a claim,which the City denied at first. A settlement was negotiated. The fee increased July 1. In response to a question from Mayor Dirksen, City Engineer Duenas said it was possible that the district could have been finalized before July 1 if there had been no challenge. He said he could do some research. Mayor Dirksen noted the fee in question is not a City fee;it is a Clean Water Services fee and the City Council does not have the ability to grant an exception to pay the lesser amount. He advised Ms. Burman this could be appealed to Clean Water Services and,if after staff researches the substantial completion date,it appears this could have been finished before July 1,the City could also file a letter of recommendation that the fee be reduced. Councilor Wilson said this is not a penalty situation,it is the yearly fee adjustment. Ms. Burman acknowledged they knew of the increase and added that this increase is substantial— 10%. She was told the reason there was no final figure for the assessment was because of the issue with the contractor. She requested some assistance with the appeal process. Mayor Dirksen agreed the City could help sort out this process and if the facts do show that under normal circumstances you would have been able to get your permit before the fee increased, the City Council would be happy to be an advocate and encourage Clean Water Services to grant an exception. Councilor Wilson advised that CWS is "our" agency in the sense that we are citizens of Washington County and in TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 13 of22 their district. A good question is,"Why did it go up 10%..." Mayor Dirksen asked Ms. Burman to leave her contact information with City Engineer Duenas. 8:32:18 PM ■ Sharon Dump, 11345 SW Fairhaven,Tigard, OR 97223, declined to testify; she advised her question had been answered. 8:32:35 PM ■ Robert Mills, 13530 SW 115'hAvenue,Tigard,OR 97223,noted that the cost of the district is based on 22 lots paying their fair share. If not all of the lots pay,how does that affect those who hook up early. Mayor Dirksen said it has no effect;the charge is based on a fair amount to each. If someone within the district does not hook up within 15 years,then they do not have to pay the assessment. e. Staff Recommendation: City Engineer Duenas recommended the City Council adopt the resolution finalizing Reimbursement District No. 38, Fairhaven Street. Sewer will be made available upon passage of the resolution. 8:34:02 PM f. Mayor Dirksen closed the public hearing. g. Council Consideration: Resolution No. 08-67 Motion by Council President Sherwood, seconded by Councilor Woodruff to adopt Resolution No. 08-67. RESOLUTION NO. 08-67—A RESOLUTION FINALIZING SEWER REIMBURSEMENT DISTRICT NO. 38 (SW FAIRHAVEN STREET) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 08-05 The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buchner Yes Council President Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Mayor Dirksen commented that some of the districts have been difficult and more expensive to construct. He noted this district was completed for less than the original estimate. 8:34:50 PM 6. LEGISLATIVE PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009 —UPDATE THE COMPREHENSIVE PLAN INTRODUCTION AND ADD A GLOSSARY OF KEY DEFINITIONS a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis reviewed the rules of procedure for this hearing. TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 14 of22 8:38:44 PM C. Declarations or Challenges were reviewed: - Does any Council member wish to declare or discuss a conflict of interest or abstention?There were no declarations or challenges. 8:38:54 PM d. Staff Report: Assistant Planner Daniels presented the staff report,which is on file in the City Recorder's office. Assistant Planner Daniels reviewed the changes made to the Glossary after the October 14,2008,City Council meeting. These changes are outlined in an October 15,2008,memorandum attached to the staff report. 8:43:27 PM e. Public Testimony ■ John Frewing 7110 SW Lola Lane,Tigard, OR 97223, said the ordinance does not refer to Attachment 2 and this should be reflected. Mr. Frewing commented on Page 2 of Attachment 2 it states that passive recreation does not require high levels of physical activity. He did not think this is correct. Fanno Creek Trail is used extensively by runners and that is "quite a physical activity." He asked this be clarified. At the top of Page 3,Mr. Frewing referred to language on Sensitive Lands. Originally,the language said to"see the Tigard Code that defines Sensitive Lands." Now, the language says: "Areas containing steep slopes,wetlands,drainage or floodplain as defined in the Tigard Community Development Code." Significant habitat areas are not listed;however,it is listed in the Development Code. Mr. Frewing referred to the Community Development Code 18.775.010. He said there is a specific Tigard map adopted along with the Goal 5 Rules (Tualatin partners),which listed significant fish and wildlife habitat. Mayor Dirksen and Councilor Wilson commented that significant habitat area might not come under the heading of Sensitive Lands. Councilor Wilson said that traditionally Sensitive Lands has not included wildlife habitat and if we were going to regulate them accordingly, that would be a change. This is something that needs to be debated. Mr. Frewing asked that the letter"s"be added to the last word in the definition,"The Tigard Urban Planning Area(s)" to reflect there are two areas: Bull Mountain and Metzger. Mr. Frewing referred to the Tigard Urban Services Area definition. In the third line from the bottom,the language refers to the TUSA agreement. It is not stated that there is such an agreement but Mr. Frewing said he thinks there is an agreement between Washington County and the City of Tigard,which needs to be stated to be consistent with the definition above for the Urban Planning Area(s) Agreement. Mayor Dirksen agreed it is phrased differently,but the meaning is there. 8:48:58 PM Councilor Buchner suggested to address Mr. Frewing's concern with the "passive recreation" wording to delete a portion of a sentence. She affirmed the Mayor's clarification that this wording is, "This is recreation activity that does not usually require specialized facilities." 8:49:43 PM Mr. Frewing returned the attention to the Tigard Urban Services Area noting he thought this area should be referenced since it will be in existence for the next 20 years. TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 15 of22 8:50:07 PM Mr. Frewing then referred again to Sensitive Lands. Reading from 18.755.010 (G)(5): Significant fish and wildlife habitat areas designated on City of Tigard significant habitat areas map, Ord. 06-20, Ord. 05-01. Council members clarified for Mr. Frewing that this is Sensitive Habitat,which is different from Sensitive Lands—the regulations are different. Assistant Community Development Director Bunch advised that in Section 18 -- Sensitive Lands -- all of those areas are within wetlands and drainage ways. It might be determined in the future that there are other sensitive lands in the city besides wetlands,drainage ways,or floodplains (might include upland areas as well). Those areas would be designated and regulated pursuant to the same process by which we determine these lands are significant. What we are doing by referencing wetlands and drainage ways is referencing the ordinance within which this topic is defined. One may mention significant fish and wildlife habitat areas in the City of Tigard areas map;however,Assistant Community Development Director Bunch suggested caution if we start determining that it includes significant habitat because we might be subject to other kinds of standards and regulations.After discussion, City Council members concurred the proposed language is acceptable after Assistant Community Development Director Bunch affirmed that the proposed language is not in conflict with the Code. 8:54:03 PM Mr. Frewing clarified,"for the record" that,"You are saying this definition is not in conflict with the Code." City Council members agreed with this statement. 8:54:26 PM Mr. Frewing referred to Exhibit A,Page I-1. In the third paragraph of the first subsection,it says, "The current conditions and projected trends are summarized in the 2007 Resource Report,which provides the substantive, factual basis for many of the Plan chapters." He said he has commented on the Tigard 2007 Resource Report that, "It doesn't include anywhere near the same kind of factual information that was included in the 1983 Tigard Comp Plan. It is a watered-down version of that material...I have urged the staff to have that material in the 2007 Resource Report because the new Comp Plan references current conditions. If we don't have an official record of what those are...there's nothing to anchor your review on. We need a clear, comprehensive statement of current conditions in the city,which are incorporated in the Tigard 2007 Resource Report." 8:56:35 PM Mr. Frewing asked what are the relationships among the Zoning Map,the Transportation System Plan, Parks Master Plans and other plans and maps used by the City to implement the Comprehensive Plan. He said that some of those other documents have likely been considered as part of the Comprehensive Plan in the past. To the extent that this is a story about how you are to use the Comprehensive Plan,he thought it was lacking in telling people how use those narrow and specific documents. The introduction ought to address this. Mayor Dirksen and Councilor Wilson clarified for Mr. Frewing that the Zoning Map and Transportation System Plan are not part of the Comprehensive Plan;these documents implement part of the Comprehensive Plan,but do not become part of the Comprehensive Plan. Councilor Wilson explained that the Zoning Map becomes the regulations that follow from the Comprehensive Plan. Mr. Frewing said he thought the Comprehensive Plan should tell people how to use these other documents. Mayor Dirksen said he thought the relationship of these documents to the Comprehensive Plan is comparable to the relationship between the Oregon Constitution and the Oregon Revised Statutes. The Statutes are not part of the Constitution,but the Constitution is used to create the Statutes. Mr. Frewing indicated this was acceptable. TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 16of22 8:59:04 PM Mr. Frewing referred to the middle of Page I-2 of Exhibit A,where it states, "These actions are accomplished through specific legislative proceedings and include the adoption of codes and standards for public facility plans,capital improvement plans,transportation system plans,etc." Council concurred with Mr. Frewing's statement that the Council thought this covered the relationship as he questioned above. Mr. Frewing said, "So,it's a legislative proceeding that adopts and changes those documents." Mayor Dirksen responded that it forms the basis for changing the documents;it does not actually make the change. This will be a legislative procedure before the City Council. 8:59:59 PM Mr. Frewing referred to a section of Exhibit A,which is the old Comprehensive Plan language "lined out." He referred to the"lined out"material that talks about governmental coordination. He said this section is missing from the new Comprehensive Plan and he asked the City Council to reinstate this or similar language. Assistant Community Development Director Bunch noted this language is included in a separate chapter called"Goal 2 Land Use Planning." This chapter includes the Goal 2 coordination requirements of statewide planning goal;it is adequately covered. 9:01:49 PM Mr. Frewing noted his concerns with the Glossary. On Page G-1,a citizen is defined as an inhabitant of a city or town, specifically one entitled to its privileges and franchises. He said this needs "a little bit of fixing." "They are not all entitled to all privileges and franchises;for example,voting. And yet,if I live in unincorporated... `inhabitants'— it's not clear whether or not I work there or my residence is there." He suggested this wording: "...entitled to at least one of its privileges or franchises." Council President Sherwood commented that she thought the above suggestion was argued extensively at the Planning Commission level and this is "what we all settled on." 9:02:59 PM Mr. Frewing noted consistency with use of the words residents and citizens throughout the document. Council President Sherwood advised the glossary provides the definition where the term"citizen" or the term"resident"is used. 9:04:31 PM Mr. Frewing referred to Page G-3,where it talks about a floodplain as an area adjoining a stream that is subject to regional flooding. He said, "I don't know what region you are talking about. I think there is conflict arising because on Page G-1 you define something a little bit different,which is a 100-year floodplain...It seems to me that those are not connected and should be. A floodplain is a hydrological,geographical location subject to flooding at some recurrence interval. A 100-year floodplain is that area subject to flooding at a 1 percent recurrent chance. A 100 years probability. Regional flooding—is that at Fanno Creek or Columbia River or is that..." Councilor Wilson advised that we do not have any tidal estuaries or coasts here. He said he believed this was simply the dictionary definition. Council President Sherwood added that it is a definition for where the word is used within the document. These terms have been extensively researched along with a TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 17of22 review through hearings. Mr. Frewing replied he had gone through the process and has argued that the term"100-year floodplain" should mean that area subject to flooding every 100 years, not only as determined by FEMA maps. There are other areas in the City that are also low elevation and get flooded in a 100-year storm and they are not included in the FEMA's classification and,yet,they would subject the resident or landowner to damage or whatever flooding impacts this land. Therefore,Mr. Frewing argued that the 100-year floodplain ought to be defined as a geographic feature rather than just a FEMA event. He said, "If you want to say that FEMA has rules for certain water bodies,that's great. But,a 100-year floodplain is not just a FEMA matter." Councilor Buchner stated that we are governed by FEMA rules with respect to the 100-year floodplain. It would not be consistent with federal law for us to have a definition that was not consistent with FEMA guidelines. Mr. Frewing responded that the was not asking the City to violate FEMA guidelines,he was asking the City to recognize that there are floodplain in Tigard, which are not covered by FEMA guidelines because FEMA did not map those areas. Councilor Buchner said we are bound by the federal rules. Mr. Frewing said he was not objecting to the rules. He said, "When water runs down hill and if we get a 100-year storm,you are going to get flooding in a certain area and that is the 100-year floodplain whether FEMA mapped it or not. Where FEMA has mapped it,Tigard has adopted those maps and that's fine and let's use those maps." Councilor Wilson said that this is why the language is non-specific because what we are really are talking about is probabilities and no one can predict the future. Even the 100-year floodplain is a somewhat arbitrary line. 9:08:18 PM Assistant Community Development Director Bunch provided some background information on this subject. This issue was argued extensively at the Planning Commission as it relates to what is a floodplain and what is an area subject to flooding and the like. There are areas subject to localized ponding and flooding that are not within the jurisdiction of FEMA. These definitions were specifically used as it relates to our regulatory program and the regulations imposed by FEMA. This issue has been reviewed at the Planning Commission as well. 9:09:03 PM Councilor Woodruff asked Mr. Frewing if the items he is bringing up at this hearing, are items that have already been discussed by staff and the Planning Commission previously or is he taking this opportunity to bring up some new matters. Mr. Frewing said some have been discussed previously, while other matters have not been discussed. He said he did not attend the Council workshop, because citizen input was not received.He said he did attend the Policy Interest Team meetings and made many of these comments at those forums. As a matter of the public hearing,Mr. Frewing said he is trying to get the City Council to reconsider what has gone on before. Mr. Frewing acknowledged he prevailed on some of his points and commented that staff has tried to do as good as job as they can. However,he said there are still some outstanding issues he wants to raise. 9:10:07 PM Mr. Frewing cited Page G-11 and the word "support." In many places the policy says Tigard will support this or that. He said, "It says to aid the cause,policy,or interests of or contribute to the progress or growth of,which is pretty reasonable except it doesn't say when it's going be applied. I would simply urge you to say...in discretionary matters before decision makers. In other words, there are going to be times when you can or cannot do it. And,I want you to say that in those discretionary matters ,to support something means to aid the cause policy or interests. That just simply tells you when you are going to do it." TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 18 of22 9:11:30 PM Mr. Frewing said he does not understand definition (on Page G-12) of the phrase "up to date." He cited language that says, "Being in accord with relevant facts,knowledge,techniques, styles, etc." He again said he does not know what this language means. It would make more sense to him if the language said, `Being in accord with recent relevant facts..." He said, "Up to date means now, not ten years ago." 9:12:12 PM Mayor Dirksen asked for staff comment on the above concern. Assistant Community Development Director Bunch said, "This was arrived at the determination of really what is an up- to-date Comprehensive Plan...the Comprehensive Plan and all of the documents and things that we work with embody a large number of facts,circumstances, conditions,and so on and so forth. What is relevant to one particular situation may or may not be relevant to another. For example, facts or issues that are ten years old may not be relevant to an issue;however, facts that are relevant three weeks ago are relevant to an issue. So,we are searching for as much flexibility in describing what is up to date and providing decision makers with that discretion or flexibility as well. This was consciously done in terms of providing a broad range of what relevancy is." 9:13:19 PM Mayor Dirksen asked for additional comments from others who might not have had an opportunity to sign up to speak during this public hearing. There were no additional comments. 9:13:29 PM f. Staff Recommendation Assistant Planner Daniels advised that staff has found that the language included in the amendment complies with the applicable state land use goal, the City's municipal code and comprehensive plan policies,as well as federal, state,and regional plans and regulations. Therefore, staff recommended that the City Council adopt the language presented in Exhibit A. g. Council questions. Councilor Woodruff asked if staff had heard testimony tonight from Mr. Frewing that was new and needed additional consideration. Or, does staff feel as if they have adequately dealt with those items. Assistant Community Development Director Bunch advised that over the last three years,with the last two years being a review in depth,that the staff feels they have adequately addressed the items raised. Mr. Frewing brought up the issue of what are sensitive lands and significant habitat. He also brought up an issue relating to lands that have been designated as significant or sensitive lands on some of the City's maps,which were in the 1983 plan. Assistant Community Development Director Bunch said, "What really is our intent is to go through and identify these areas...pursuant to direction from Council, such as we have talked about the inventories of significant habitats, such as upland tree growths and the Eke that can be protected pursuant to Goal 5. So,that is really part of the Plan implementation program as it relates toward the regulatory map or to standards. We want to implement the Plan in accordance with state law. So really,that is also what we have to do. Because the 1983 Plan,being 25- years old,is really out of date. And, some of it may or may not have been applicable or supportable by current state standards. So,we have made every effort to vet these things,discuss them with the Planning Commission and come to definitions and we feel comfortable with what we have to date. Recommendations such as what is passive or not passive recreation are certainly appropriate to changes TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 19 of22 as Councilor Buchner said,but...I consider (running) passive recreation because it involves an unstructured activity and not using a specialized facility. So,a lot of it is sometimes how much does one want to dance on the head of a pin...I think all of these definitions are sound and they do a good job for us." 9:16:28 PM h. Mayor Dirksen closed the public hearing. 9:16:33 PM i. Council Consideration: Ordinance No. 08-17 Councilor Buchner advised she wants to make sure everyone understands the suggested changes with regard to passive recreation. She agreed with adding the "s" to the end of Tigard Urban Planning Area. Mayor Dirksen asked if Councilor Buchner was proposing to make a motion to"accept the chapter as proposed in Exhibit A,as modified by Attachment 2,and also including the two changes relating to passive recreation and adding the "s" to Planning Area(s). Councilor Buchner concurred this was her motion. Councilor Wilson seconded the motion. ORDINANCE NO. 08-17—AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009 TO UPDATE THE COMPREHENSIVE PLAN INTRODUCTION AND ADD A GLOSSARY OF KEY DEFINITIONS,AS AMENDED. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buchner Yes Council President Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes This concludes the Comprehensive Plan update. City Council applauded the efforts of staff and those who worked so hard on the update. Assistant Community Development Director Bunch honored all of the citizens, especially the Planning Commission, the City Council, the Boards and Commissions, and all of the others involved in the Comprehensive Plan process. Assistant Community Development Director Bunch said: City Council stood behind us every step of the way. You in theprocess. The Planning Commission: hours and hours listening to us and having us takeyour feedback, come back to the drawing board again and again. The CCI, which realjestablished a firm foundation for the citizen involvementprocess here. The Tree Board, which got to and worked through the very difficult efforts associated with trees, which we hope to honor and givegreater completion to as wego through and implement theplan. Parks and Recreation Advisory Board and the Policy Interest Teams and all of the community participation, including all of the many, many groups Marissa (Assistant Planner Daniels met with night after night to get their input—for their participation and support. And, I would also like acknowledge John Frewing for his continuous involvement and,John, thank you very much,you'vegiven us allyour time and so we appreciateyou being here as well. This was a real joint, cooperative TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 20 of22 ort, with all of the organisations, all of the other departments, they were also involved and, so we are really proud to present to you a completed Comprehensive Plan. Thank you. Councilor Buchner also extended acknowledgement to two additional groups: 1. To the Planning Commissioners who were working on this early in the process and are no longer serving on the Planning Commission and 2. To the prior City Council members who are no longer serving. Mayor Dirksen said this has been a long, challenging and valuable process that has led us to this new, improved document. 9:21:36 PM 7. APPROVE A TRESPASS AND EXCLUSION ORDINANCE TO ESTABLISH GENERAL RULES OF CONDUCT ON CITY PROPERTY a. Police Chief Dickinson presented the staff report. A copy of the staff report is on file in the City Recorder's office. b. City Council had received a preview of this proposed ordinance at its October 21,2008 Workshop meeting. Council members indicated the proposed ordinance appeared to be consistent with information presented at the workshop meeting. C. City Council consideration: Ordinance No. 08-18. ORDINANCE NO. 08-18—AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE ADDING CHAPTER 7.58 FOR RULES OF CONDUCT ON CITY PROPERTY AND REPEALING CHAPTER 7.100 FOR EXCLUSION FROM THE TIGARD PUBLIC LIBRARY Motion by Councilor Woodruff, seconded by Councilor Wilson,to adopt Ordinance No. 08-18. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buchner Yes Council President Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 9:28:34 PM 8. THIRD QUARTER GOAL UPDATE (This item will be reviewed at a future City Council meeting.) 9. COUNCIL LIAISON REPORTS: None 10. NON-AGENDA ITEMS: None. Before the City Council went into Executive Session,it acknowledged several Tigard High School Students in attendance fulfilling a classroom assignment to attend a public meeting. One question was asked regarding the number of City Council votes needed to adopt a Council action. Mayor Dirksen noted it must be a majority of City Council members voting in favor. TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 21 of22 9:28:41 PM 11. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:35 p.m. under ORS 192.660(2) (e) real property transactions negotiations and (h) for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 12. ADJOURNMENT Motion by Council President Sherwood, seconded by Councilor Woodruff, to adjourn the meeting at 10:20 p.m. /s/ Catherine Wheatlev Catherine Wheatley, City Recorder Attest: /s/ Craig E. Dirksen Mayor, City of Tigard Date: December 16,2009 L•\ADM\CATHY\CCM\2008\081028 finAdoc TIGARD CITY COUNCIL/LCRB— October 28, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 22 of22